NANDA KISHORE PROSAD Vs. RAJ KUMAR RAM

JUDGEMENT

(1.) Plaintiff in a suit for eviction is the appellant before this Court.

(2.) The appellant /plaintiff filed a suit for eviction and recovery of possession against the defendant/respondent stating, inter alia, that the respondent was a monthly tenant at a rental of Rs.200/- payable according to English calendar in respect of the suit property. It is alleged that the respondent had defaulted in payment of rent since June, 2008. It is also alleged that the defendant has caused material additional alteration in respect of the tenanted premises in violation of the provisions of M.O.& P. of Section 108 of the Transfer of Property Act. The suit premises was reasonably required by the plaintiff for his own use and occupation and lastly the defendant had sub-let the suit premises without the consent of the plaintiff.

(3.) Accordingly, the plaintiff /appellant determined the tenancy of the defendant /respondent by serving a notice to quit dated 7th March, 2009 through the learned advocate by registered post with A/D. The defendant /respondent failed and neglected to quit, vacate and deliver up peaceful possession of the suit premises in favour of the plaintiff /appellant. So, he was compelled to file the instant suit.